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FightBack Forums _ Council Tickets & Clamping and Decriminalised Notices _ Parking in a suspended bay

Posted by: harkaran121 Thu, 16 Jan 2020 - 17:37
Post #1543220

Hi everyone,

Was hoping you could help me out.

I have recently been issued a NtO for parking in a suspended bay.

I did not know that the bay was suspended. Please find the images the council have provided as evidence below:

https://postimg.cc/4mrdcgNf

https://postimg.cc/2b88YjTw

https://postimg.cc/5QX4HPhQ

https://postimg.cc/CZ4L9nC5

https://postimg.cc/qgqMZRNB

https://postimg.cc/mc4gdyHK

https://postimg.cc/0zDNdBbp

https://postimg.cc/CBPMxyQV

Could you please let me know if I have a grounds to appeal this fine?




 

Posted by: Incandescent Thu, 16 Jan 2020 - 22:30
Post #1543280

Sorry, but you're going to have to give us a bit more to go on, like posting the NTO for a start and a narrative describing the circumstances. You should have received a PCN served to the car, (stuck on the windscreen); what happened to this ? More info means better advice !

Photos are not a legal requirement, BTW, it is your word against the CEO who issued the PCN. Were you actually the driver at the time ?

Posted by: harkaran121 Fri, 17 Jan 2020 - 10:13
Post #1543353

Hi

The NTO just states that I was parked in a suspended bay, but I will post a pic of it.

Unfortunately when I got to the car the PCN Was no longer there, so I did not even know I had a ticket until the NTO arrived.

I was the driver at the time.

I basically paid for a ticket and thought this was a normal parking bay. There was no cone present in the bay and the signs were very poor.

Hope this helps

Posted by: Incandescent Fri, 17 Jan 2020 - 10:50
Post #1543363

Give us a GSV link and tell us exactly where you parked and how/where you paid. The bay should have a sign giving the restrictions and how to pay; did you look at this ? Any suspension signs should be on the bay signs.

Posted by: harkaran121 Fri, 17 Jan 2020 - 16:37
Post #1543452

Hi,

Please find attatched NTO document and a drawing of what occurred.

I parked opposite the pay machine. there was also other cars parked in surrounding bays.

The notice sign was located on a post which was hard to identify in the dark.

Also there was no cones in the bay stating you could not park.

Hope this helps.

 drawing.pdf ( 21.02K ) : 31
 NTO.pdf ( 218.01K ) : 45
 

Posted by: Michael Gibson Fri, 17 Jan 2020 - 16:58
Post #1543457

Streetview please.

Posted by: BQ68 Fri, 17 Jan 2020 - 19:16
Post #1543484

QUOTE (harkaran121 @ Thu, 16 Jan 2020 - 17:37) *
https://postimg.cc/5QX4HPhQ


That your car? If so does that happen to the suspension sign which is meant to be oh so far away?

https://www.google.com/maps/@52.4822571,-1.8994373,3a,75y,152.87h,79.34t/data=!3m6!1e1!3m4!1sHYmf0FQrKDTl8bAyxNt6iA!2e0!7i13312!8i6656 ?

Posted by: cp8759 Sat, 18 Jan 2020 - 21:17
Post #1543646

Well it looks like the sign was right next to the car, so I'd drop any references to the sign being hard to see or far away or whatever else. A much better ground would be that the sign is invalid.

The sign authorisation at http://assets.dft.gov.uk/trafficauths/case-4536.pdf article 2 imposes a six month time limit, the sign cannot stay in place for longer than that. The quality of the photos is not great but it looks like the suspension is from September 2018 to February 2020, which is way over the six month time limit.

harkaran121, is there any way you could go back and get us a better picture of the sign?

Posted by: harkaran121 Mon, 20 Jan 2020 - 14:32
Post #1543961

Unfortunately I cannot go and get another picture of the sign.

But I do believe the suspension started in September 2019.

Thanks for all your advice.... what would be the best way to base my appeal?

Posted by: cp8759 Thu, 23 Jan 2020 - 22:13
Post #1544771

If the suspension sign is valid and was right next to the car (as per https://postimg.cc/qgqMZRNB), frankly you don't have a leg to stand on. The best you can do is make a plea for discretion and hope that the discount is re-offered.

If the Notice of Rejection does not re-offer the discount, you could appeal on the basis of Shelley Sinclair v Lewisham.

Posted by: eshroom Thu, 23 Jan 2020 - 22:58
Post #1544785

I've had an adjudicator rule in my favour based on signs in council photo evidence not being clear enough. The photo indicates to me that the handwriting would be too hard to read and make sense of. Did it start in 2019? Looks like 2018 to me. Does that say September - February? If you believe the signage was illegible or in breach of guidelines, then I'd say you have quite a good chance in front of an adjudicator, based on the evidence provided by the council.

Posted by: cp8759 Sun, 26 Jan 2020 - 18:26
Post #1545313

Depends on the adjudicator though. With Jack Walsh, sure, but with Michael Burke, no chance.

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